#aacth ,,congress #ast ,session ,h4 ,r4 #bjhc ,,an ,,act ,to require ,state educational agencies that receive funding under the ,elementary and ,secondary ,education ,act of #aife to have in effect policies and procedures on background checks for school employees4 #a4 ,short title ,this ,act may be cited as the ,protecting ,students from ,sexual and ,violent ,predators ,act4 #b4 ,background checks 7a7 ,background checks ,not later than #b years after the date of enactment of this ,act1 each ,state educational agency that receives funds under the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 shall have in effect policies and procedures that-- 7#a7 require that a criminal background check be conducted for each school employee that includes-- 7,a7 a search of the ,state criminal registry or repository of the ,state in which the school employee resides2 7,b7 a search of ,state-based child abuse and neglect registries and databases of the ,state in which the school employee resides2 7,c7 a ,federal ,bureau of ,investigation fingerprint check using the ,integrated ,automated ,fingerprint ,identification ,system2 and 7,d7 a search of the ,national ,sex ,offender ,registry established under section #ai of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiai72 7#b7 prohibit the employment of a school employee as a school employee if such employee-- 7,a7 refuses to consent to a criminal background check under paragraph 7#a72 7,b7 makes a false statement in connection with such criminal background check2 7,c7 has been convicted of a felony consisting of-- 7i7 homicide2 7ii7 child abuse or neglect2 7iii7 a crime against children1 including child pornography2 7iv7 spousal abuse2 7v7 a crime involving rape or sexual assault2 7vi7 kidnapping2 7vii7 arson2 or 7viii7 physical assault1 battery1 or a drug-related offense1 committed on or after the date that is #e years before the date of such employee's criminal background check under paragraph 7#a72 or 7,d7 has been convicted of any other crime that is a violent or sexual crime against a minor2 7#c7 require that each criminal background check conducted under paragraph 7#a7 be periodically repeated or updated in accordance with ,state law or the policies of local educational agencies served by the ,state educational agency2 7#d7 upon request1 provide each school employee who has had a criminal background check under paragraph 7#a7 with a copy of the results of the criminal background check2 7#e7 provide for a timely process by which a school employee may appeal1 but which does not permit the employee to be employed as a school employee during such appeal1 the results of a criminal background check conducted under paragraph 7#a7 which prohibit the employee from being employed as a school employee under paragraph 7#b7 to-- 7,a7 challenge the accuracy or completeness of the information produced by such criminal background check2 and 7,b7 establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete1 and has been corrected2 7#f7 ensure that such policies and procedures are published on the website of the ,state educational agency and the website of each local educational agency served by the ,state educational agency2 and 7#g7 allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph 7#a7 with another local educational agency that is considering such school employee for employment as a school employee4 7b7 ,transfer prohibition ,a local educational agency or ,state educational agency that receives funds under the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 may not knowingly transfer or facilitate the transfer of any school employee if the agency knows1 or has substantive reason to believe1 that such employee engaged in sexual misconduct with an elementary school or secondary school student4 7c7 ,fees for background checks 7#a7 ,charging of fees ,the ,attorney ,general1 ,state ,attorney ,general1 or other ,state law enforcement official may charge reasonable fees for conducting a criminal background check under subsection 7a77#a74 7#b7 ,administrative funds ,a local educational agency or ,state educational agency may use administrative funds received under the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 to pay any reasonable fees charged for conducting such criminal background check4 7d7 ,definitions ,in this ,act3 7#a7 ,in general ,the terms elementary school1 secondary school1 local educational agency1 ,state1 and ,state educational agency have the meanings given the terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,school ,employee ,the term school employee means-- 7,a7 an employee of1 or a person seeking employment with1 a local educational agency or ,state educational agency1 and who1 as a result of such employment1 has 7or will have7 a job duty that results in unsupervised access to elementary school or secondary school students2 or 7,b7 any person1 or an employee of any person1 who has a contract or agreement to provide services with an elementary school or secondary school1 local educational agency1 or ,state educational agency1 and such person or employee1 as a result of such contract or agreement1 has a job duty that results in unsupervised access to elementary school or secondary school students4 ,passed the ,house of ,representatives ,october #bb1 #bjac4;,clerk4